The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-06-14


Announces His Intention Of Again Ap-
pealing.
Thetrial Of this case yesterday resulted
In verdict Of 81 POO damages The follow
ing are the instructions giyens by the
court
"0) II THE jury shall believe from the
evidence that the language complained
OF in the declarations was substantially
true on the date Of IFS publication In the
Dispdtch Of March 10Th, 1884, they shall
find for the defendant And although
they may believe that It was not true if
the jury shall believe that the defendant
under the circumstances then surround
Ing him in good faith believed it TO be
true and used it honestly without malice
IN seli-defense and i'm the reasonable pro
lection of his own interest they should
find for the defendent.
"f2l But If the jury shall believe that
the said language was not true and that
the defendant did not have reasonable
ground for believing it TO be true, and
published the same from motive Of III
will TO the plaintiff, or an intent 10 iniule
or 10 offend or TO wound his feelings, and
shall further believe that the said Ian
guage was such words as from their
usual construction and common accepta-
tiOn are construed as insults, and tend TO
violence and breach Of the peace, they
should find for the defendant
"l3j If the jury should find for the plain
tiff, then, in assessing his damages, they
may take into consideration all the evil
dcncc i'm the cause tending 10 Oaggrayatc or
mitigate the wrong complained of by the
plaintiff and may also take into c0nsid-
Grafton the financial condition OF the
defendant, and they should award to the
plaintiff such amount not exceeding the
sum claimed i'm the declaration as they
shall believe TO be under all the circum-
stances just and right.
The following instructions were asked
for by the counsel for the defendant and
refused by the Court
"0D The jury are instructed that the
law is, that every man has the right 10
defend bis character against false asscr-
tion that it is duty that he owes 10
himself and his family; and that IL he is
attacked in newspaper be may write 10
that paper 10 rcbut the charges and
may at The same time rctOri upon his
assailant when such rctort is q necessary
part of his defense and fairly arises ont
of the charges made against him And
If they shall believe from the evidence
That although the LANGUAGE used by the
defendant about the plainiin was not
rue vet that The defendant in good faith
believed thatit was true, and that 10 was
used honestly without malice in sclf-dc-
fense and i'm the reasonable protection of
his own interest, then 10 is their duty To-
find for the defendant
"(j Under the circumstances of this
case the occasion Of The publication by
the defendant of the language sued on,
was clearly PRIVILEGED and, unless the jury
believe from the evidence that the priyi-
lcgc has been abused that is 10 say that
the defendant has availed himself of the
occasion to crafty bis malice against the
plaintin, and not, honestly and reason
ably, 20 act i'm the performance of duty
or in the protection of his own interest,
they arc instructed to find for the defen
dant.'
The defendant announces bis purpose
TO take the case to the Court of Appeals
again for misdirection of the jury